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2305.03 Suggested Claims Presented After Period for Reply Running Against Application - 2300 Interference Proceedings


2305.03 Suggested Claims Presented After Period for Reply Running Against Application

Claims may be suggested in an application near the end of the period for reply. If the time limit for presenting the claims extends beyond the end of the period, such claims will be admitted if presented within the time limit for making the claims. This is true even though the claims are presented outside the period for reply to the rejection (usually a 3-month shortened statutory period) and even though no amendment was filed in reply to the Office action outstanding against the application at the time the claims were suggested. However, if the suggested claims are not thus presented within the specified time, the application becomes abandoned in the absence of a reply filed within the period for reply to the rejection. 37 CFR 1.605(b).

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